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Law Practice,
Judges and Judiciary,
Civil Rights

Jul. 23, 2018

How should we respond when facing bias in the courtroom?

Is disparate treatment based on race a real or imagined construct facing attorneys of color? And how should an attorney respond, if at all, when such treatment is by a judicial officer?

Daniel Everett

Email: danieleverett@danieleverettlaw.com

Daniel is a criminal defense attorney in San Francisco and the host of "Folk Law" on KXSF-LP 102.5 FM.

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How should we respond when facing bias in the courtroom?
In their book, "Mistrial: An Inside Look at How the Criminal Justice System Works... and Sometimes Doesn't," famed trial attorneys Mark Geragos and Pat Harris counsel that "[c]lients need to know that you are fighting for them, and yelling seems to convey that." Unfortunately, a black attorney will surely have a difficult time showing that kind of gusto if placed in front of a judge who does not afford spirited black attorneys the same privileges and courtesies as other attorneys practicing before the court.

Is disparate treatment based on race a real or imagined construct facing attorneys of color? And how should an attorney respond, if at all, when such treatment is by a judicial officer?

In one criminal trial, I attempted to have the judge removed due to what I perceived as racial bias -- the judge refused to meet with me in chambers and was dismissive towards my work in ways that were not consistent with his responses towards counsel...

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